The Research On The Difficult Problems Of Credit Card Crimes

Credit card with the development of commodity economy and scientific and technological progress resulting from the payment of modern instrument, are banks or other financial institutions to issue credit to those who have a special sound card, the credit is a special certificate. The development of domestic and international credit cards from the currents situation, China’s credit card business in a major Period of development, and finance Of a country is the core of modern economy, the credit card as a financial instrument, its use of the unique, convenient and efficient business processing, in the financial products play an important role.Since this year, with the sustainable development of China economy, the possession rate of credit card has become higher and higher. In such situation, various types of crime means by using the credit card are sure to follow on. In order to analise those crimes by taking advantage of credit cards, This paper gives a definition to credit card from the angle of criminal law, and then emphasizes on all kinds of law cases by using the qualitative analysis. At last, this article sums up several principles that are applicable to penalty and provides some lawmaking suggestions.There are three parts in this thesis.Chapter1introduced the development history of the Credit card and its Definition in criminal law. Then I introduced the definition of Fraud Crime by using Credit Card and introduced the damage to our society. This chapter also introduced The tendency of this crime. And focused on the constitution of crime. In this part Ⅰ introduced the character of this crime, and introduced the modes about the Fraud crime by using Credit Card.The second chapter treated the structure of credit card crime of swindle in theory. This chapter discuss the key elements of credit card crime of swindle: object of credit card crime of swindle is complex object; about the actor, the author thought that agents may be the actor of credit card crime of swindle; and the subjective element has to be intent.In the third chapter, I reviewed the ATM Machine theft cases in recent years。 Use positive-analytic-method was adopted to analyze such ATM machine cases from both substantive and procedure angles Through the typical XuTing case. I also explained why the case can be determined its nature to "theft" rather than "embezzlement" or "credit card fraud"In my opinion, the malicious withdrawal of money from the malfunctioned ATM should be defined as the crime of theft rather than the crime of credit card swindle or crime of embezzlement...